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1 Edificio Presidente Tel (598 2 915 1734) Rincón 477, Piso 5 Fax (598 2 916 2755) Montevideo, Uruguay THE PROPERTY PURCHASE PROCESS.

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Presentation on theme: "1 Edificio Presidente Tel (598 2 915 1734) Rincón 477, Piso 5 Fax (598 2 916 2755) Montevideo, Uruguay THE PROPERTY PURCHASE PROCESS."— Presentation transcript:

1 1 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay THE PROPERTY PURCHASE PROCESS IN URUGUAY

2 2 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay Who can purchase property in Uruguay? Uruguayan Nationals Non-Uruguayans : With Uruguayan Citizenship (Dual Nationality) Without Uruguayan Residency or Citizenship Without Having Ever Entered Uruguay In Sum: There is no differential treatment, nor restrictions or impediments for foreign buyers of property

3 3 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay How can property be purchased in Uruguay? By one or many individual/s By a Company / Corporation : Local Company: Sociedad Anonima (SA), SRL, etc. Foreign Company: Delaware LLC, Panama Corp., BVI Co., etc. By an Individual through a fully owned Corporation Local Company: Sociedad Anonima (SA), SRL, etc. Foreign Company: Delaware LLC, Panama Corp., BVI Co., etc.

4 4 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay What can a foreign buyer purchase in Uruguay? Beachfront Properties No prohibitions Rural Properties Farms, Ranches No issues regarding borderline properties Apartments, Houses, etc. In Sum: There are no restrictions as to what type of properties foreign buyers can acquire

5 5 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay How are properties individualized in Uruguay? By the propertys Title / Deed with its Padron number Plus its Plano (Map) Plus a recorded entry in the Public Registry And: For rural land, online CONEAT system of mapping shows the propertys soil types and productivity index

6 6 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay Structuring the Property Purchase The purchase process requires the assistance by a Notary Public The Notary Public is appointed by the buyer What is a Notary Public? A Legal Professional, with a 4/5 year degree, usually member of a Law Firm Registered with the Supreme Court of Justice He/She is responsible for looking after the buyer´s interest in the purchase process, ensuring the property has a clean title

7 7 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay What is the Notary Publics role? Protects the interests of the buyer in the purchase process, verifying the good standing of the deed/title The Notary conducts an analysis of the title and studies the propertys ownership history 30 years back, analyzing information from the Public Registries Drafts the Purchase Document and structures the Purchase Acts as Escrow Agent for the down payment / deposit on the Property Records the purchase at the Public Registry Optional: Custodian of the Title/Deed after the purchase

8 8 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay What are the Public Registries and How do they Work? Every property in Uruguay has a number that identifies it, the Padron Number Ownership of every property (individualized by its Padron Number) is recorded in a Public Registry The Public Registry (which is subdivided into sections, and geographically) has all the necessary information that has to be verified to make sure the buyer obtains a clean title: Ownership history Liens, Mortgages, Etc.

9 9 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay The Purchase Process: Steps 1) The buyer selects a property, and agrees on the price 2) The buyers Notary Public contacts the seller, and drafts the first document, the Boleto de Reserva, which: Secures the purchase, committing seller and buyer Sets a Penalty if either party breaches the commitment Sets the amount that is deposited simultaneously with signing of the Boleto de Reserva (usually 10% of the price), which stays in escrow with the Notary that the buyer appointed Allows day window to verify the good standing of the property Sets the closing date, when the full price is paid and the property is transferred

10 10 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay The Purchase Process: Steps (cont.) 3) After signing the Boleto de Reserva, the buyer´s Notary verifies the good standing of the property and its title/deed: Analyzes title/deed Verifies information in Public Registry Verifies tax situation, etc. 4) The Notary drafts the purchase document (Escritura de Compraventa) 5) The purchase document is signed, the property is transferred, and the price is paid 6) The Notary records the purchase in the Public Registry

11 11 Case 1: Full Price Paid Case 2: Price Paid in Installments Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay Boleto de reserva Compraventa Compromiso Compraventa -Deposit w/ Notary -Title study days -Full price paid -Possession of property handed over -Price partially paid -Document is recorded -Possession may be handed over The Purchase Process: Steps (cont.)

12 12 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay Purchase Transaction Costs for the Buyer Transaction Costs total approximately 8-9% in Uruguay: Real Estate Agent Fee: 3% plus VAT (22%) = 3.66% Notary Public´s Fee: 3% plus VAT (22%) = 3.66% Deed Registration Stamp Duties (Montepios): 0.55% Registry and Tax Certificates Stamp Duties: USD 200 on average Property Transfer Tax: 2% of the Fiscal Value of the Property (which is usually substantially lower than the market value) The Transaction Costs when selling are lower: Real Estate Agent Fee: 3% plus VAT (22%) = 3.66% Property Transfer Tax: 2% of the Fiscal Value of the Property

13 13 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay Financing Your Purchase Seller Financing Usually Short-Term (less than 2 years) Interest rate: Usually Approximately 8% Bank Financing with Local Banks (For Non-Residents): Up to 10 years Up to 50% of the Property´s Value Interest Rate: 9% Income Proof and other documentation required * Note: These conditions are the current market ones, Nov. 2007

14 14 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay Tips and Suggestions Appoint a Notary Public from a respected Law Firm, who is bilingual and understands tax matters, estate matters, ownership through companies and laws in your country of origin Leave a Power of Attorney with your Lawyer/Notary so He/She can sign purchase documents on your behalf Decide on the best ownership structure with your Lawyer/Notary/Tax Advisor Make bank arrangements for closing / determine who receives your funds in Uruguay to make the payment

15 15 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay LVM Attorneys at Law: Who We Are Leading Full-Service Law Firm: Clients: mostly foreign companies and individuals Specializing in Real Estate issues for foreign buyers Staff: Bilingual Notaries Public, Attorneys, Tax Advisors Services (covering all of Uruguay): Notary / Legal Assistance in the Purchase Process Tax and Banking Advice Company Formation Title Insurance Advice Immigration / Residency issues

16 16 Edificio Presidente Tel ( ) Rincón 477, Piso 5 Fax ( ) Montevideo, Uruguay LVM Attorneys at Law: Contact Info Main office: Edificio Presidente, Rincon 477, Piso 5, Montevideo 11000, Uruguay References: First American Corp. (worlds largest title insurance company) World Bank (www.doingbusiness.org), U.S. Embassywww.doingbusiness.org Global law firms: Mayer, Brown, Rowe & Maw; White & Case; Member of Transatlantic Law International & Contact: Managing Partner Juan Federico Fischer: or Phone: +(598) , ext 119


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